IR Notes

On 23 October, the European Commission presented its work programme for 2019. For the final year of his term of office, the President of the Commission, Jean-Claude Juncker, called on the European Parliament and the Council to adopt the proposals presented by the Commission in the past four years, because “there would be no better message to voters taking to the polls next year than if we were to demonstrate that this Union delivers concrete, tangible results for them” (see press release). The work programme, set out in an appendix, focuses on 15 new initiatives – one of which concerns the area of social affairs directly: the Commission wishes to expand the number of social policy areas on which Member States can rule by a qualified majority vote rather than unanimously. Such a change would facilitate the adoption of new social legislation. The Commission also plans to undertake an evaluation of Directive 2006/54 of 5 July 2006 on equal treatment of men and women in matters of employment and occupation. It also lists the 45 priority proposals pending (starting at no. 30 on the chart) which have to be adopted before the European elections, including its proposals for directives implementing the European Pillar of Social Rights, relating to: 1° Establishing a European Labour Authority. 2° Transparent and predictable working conditions in the EU. 3° Work-life balance for parents and carers The Commission is also planning to arrange the adoption of the third revision of Directive 2004/37 (carcinogens or mutagens) and several regulations, including the coordination of Member States’ social security systems, the European Globalisation Adjustment Fund and the European Social Fund Plus. Also worthy of note are the proposal for a directive establishing a specific regime for the posting of drivers in the road transport sector, and the revision of Regulation no. 561/2006 on minimum requirements concerning road transport drivers’ working hours.

Employment and skills in the electricity sector: On 23 October, the European social partners in the electricity sector signed a “Roadmap on Skills and Qualifications“ and a “Joint pledge to join the European Alliance for Apprenticeships“ (see press releases issued by IndustriAll Europe, the EPSU and Eurelectric).
> In brief: On 18 and 19 October, the European social partners in the chemical industry organised a conference on the digital transformation, accompanied by the presentation of a study of its impact on employment and skills (see IndustriAll press release).

Misuse of fixed-term contracts : in an Italian case concerning the sector of activity of operatic and orchestral foundations (CJEU, 25 October 2018, case C-331/17, Sciotto), the EU Court of Justice reminded Member States that no sector can completely escape the limits laid down by EU legislation, in terms of preventing the misuse of fixed-term contracts. The case concerned a ballet dancer, Martina Sciotto, who was recruited to work under a succession of fixed-term contracts over a four-year period. The Court held that the Italian legislation applicable to this sector had to include one of the limits fixed by Directive 1999/70/EC of 28 June 1999, which requires States to stipulate at least one of the following measures, to prevent the misuse of fixed-term contracts: either stating objective reasons justifying the renewal of fixed-term contracts, or determining the maximum total duration of those contracts or the number of renewals of such contracts. In its ruling, the Court rejects all of the arguments put forward by Italy in support of their argument that this legislation does not apply to the operatic and orchestral foundations sector. It states that there is no obligation for employers to be punished by forcing them to convert fixed-term employment contracts into contracts of indefinite duration. However, where the disputed legislation prohibits this type of punishment within a specific industry, the sector concerned must have an alternative and effective measure in place to prevent, and if applicable to penalise, the misuse of successive fixed-term contracts.

Democracy at work: with the 2019 European elections in mind, the European Trade Union Confederation is highlighting the theme of democracy at work. Having organised a demonstration in front of the European Parliament on 10 October, with the support of MEPs from several political parties, and handed in a petition (see press release), the confederation is calling for a directive to strengthen workers’ rights in the areas of providing information, consultation and employee representation on companies’ management bodies.

• Working on digital platforms: 4.8% of the population aged 18 and over is involved in platform work (“crowdworking”), according to a study published (in German and English) by the country’s Ministry of Employment. This comes as a surprise because the existing studies quoted usually estimate this figure at around 2% of the population concerned (see press release). 40% (of the 4.8%) earn more than 1,000 euros gross per week and one third earns under 100 euros per week.

Civil aviation labour dispute: On 1 November, the management and trade unions of the airline LOT signed an agreement bringing the dispute to an end. The agreement provides for the reinstatement of a trade union official whose dismissal was one of the issues that triggered the strike, and the return to work of 67 employees dismissed by the company for taking part in this industrial action, which management deemed “illegal” (see press release issued by the European Trade Union Confederation).

• Restructuring in the coal industry: On 24 October, the Spanish government and the trade-union federations UGT Fica and CC.OO Industria signed an agreement on a Just Transition from coal mining, which will see the mines close as a result of the EU’s decision (see press releases issued by UGT Fica and CC.OO Industria). The agreement forms part of a just transition deal, and as such has been praised by IndustriAll Global Union and IndustriAll Europe.

Failure to consult workers in the context of restructuring: On 17 October, the US-based aluminium producer Alcoa announced the closure of two of its three smelting sites in Spain, resulting in the layoff of 700 workers. According to the trade-union federation IndustriAll Global Union, Alcoa’s European Works Council has criticised management for failing to keep it informed and to consult it. It “has filed a court claim in the Netherlands in order to block the closure and layoff” (see press release).

• Fundamental rights: the management of Brazil’s second-largest bank Banco Itau (90,000 employees) and the Uni Global Union federation have renewed the global framework agreement they signed in 2014. The bank operates primarily in Latin America but it also does business in the EU, Austria and Portugal (see Uni Global Union press release).
  > see also the international framework agreement established by the Belgian construction group Besix, which is published on line on IR Share.

Trade-union recognition agreement: On 31 October, the management of Unilever (161,000 employees) and the international trade-union federations IndustriAll Global Union and IUF, signed a Memorandum of Understanding ensuring that trade-union rights will be upheld within the group and by its suppliers. The text recognises the two global trade unions as “internationally representative bodies” looking after the rights of unionised employees (see IndustriAll Global Union press release). The text institutionalises twice-yearly meetings between management and the two federations. IUF and the group’s management are already cooperating in the context of two working groups on sustainable employment and gender equality, the importance of which is referred to in the agreement. In 2016, the parties had already signed a joint pledge to prevent sexual harassment in the workplace.